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Author Topic: Consumer Rights - Returns, Shipping and Refunds - Online ecommerce  (Read 765 times)

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Offline joeldavid575

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I would like to know the rights of the ecommerce site owner in cases for returns, refunds and shipping.  All products shipped are verified for damage and 100% ensured that no damaged items are shipped

1) What happens when the customer receives a product damaged in transit?  We have ensured that the product shipped is not damaged, and shipped through reputed couriers like dtdc, indiapost and fedex.  Who is liable in this case? Am I supposed to refund them for damage in transit?

2) Does the customer have the right to return the item citing damage, if it is damaged by the courier company?

3) What happens when the customer has damaged the item, when opening the package, and blames it on damage in transit?

4) What kind of disclaimer can I use in my website, to let the customer know that I am not responsible for damage in transit? 

Offline sahibsingh94

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Re: Consumer Rights - Returns, Shipping and Refunds - Online ecommerce
« Reply #1 on: December 04, 2017, 01:16:50 AM »
Hi,

1. See, a customer is buying goods showcased on your virtual shop, and the guarantee  of shipping product safely is given by you not your shipping partner. What you can do is draft an indemnification agreement with your shipping company, to secure your money which would clearly state that any damage to the product transited through you if during the shipping process gets damaged then the cost of the damage or the liability to indemnify will be on them.

2. The customers right to return the item incase of damage is subjective on your terms and condition. You cannot put contradictory terms on a product, for. eg. you cannot deny returning of the product if damaged if you in your T&C guarantee safe transit of product.

3. this 3rd point is too isolated to give an answer to, in this case you have to showcase their malice and negligence, so contact your lawyer.

4. CEASE YOURSELF FROM GUARANTEEING ANY SAFETY, VERIFICATION and so on.




 
Sahib Gurdeep Singh
Advocate
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Offline kalaskarkk

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Re: Consumer Rights - Returns, Shipping and Refunds - Online ecommerce
« Reply #2 on: February 25, 2018, 10:04:10 PM »
Dear Sir,

My answers are as follows:

1.   What happens when the customer receives a product damaged in transit?  We have ensured that the product shipped is not damaged, and shipped through reputed couriers like dtdc, indiapost and fedex.  Who is liable in this case? Am I supposed to refund them for damage in transit?
Ans: It depends upon terms and conditions of transaction. Normally the courier service will be held responsible. It all depends upon evidence as to who has caused damage to the goods.

2) Does the customer have the right to return the item citing damage, if it is damaged by the courier company?
Ans: It again depends upon the contract between you and your customer. The customer is entitled for return of goods on the ground of damages and can claim either refund or replacement of goods as per the terms of agreement, then you may take defence that the damage was caused due to the negligence of courier company and you may get issue a legal notice to such company.

3) What happens when the customer has damaged the item, when opening the package, and blames it on damage in transit?
Ans: The customer himself responsible and he cannot claim any damage and this part requires evidence before Consumer Court if so filed by Consumer.

4) What kind of disclaimer can I use in my website, to let the customer know that I am not responsible for damage in transit? 
Ans: Please go through model ‘disclaimer’ of Amazon etc., and adopt the same. For any other issue please call me. 
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Consumer Rights - Returns, Shipping and Refunds - Online ecommerce
« Reply #2 on: February 25, 2018, 10:04:10 PM »

 

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